Common use of Environmental Status Clause in Contracts

Environmental Status. Seller warrants and represents to Buyer that, to Seller's knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place from the Property which would cause the release of any hazardous waste or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have ever been located on or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant to said laws or any replacement thereof; such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller has no notice or knowledge of the on-site existence of any “Endangered and Threatened Species,” flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contract.

Environmental Status. Seller warrants and represents to Buyer that, to Seller's knowledge, (i) the Property is free of all hazardous waste or substances substances, except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules rules, and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place place, from the Property Property, which would cause the release of any hazardous waste or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have ever been located on or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant to said laws or any replacement thereof; such other substances, materials and wastes wastes, which are are, or become become, regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller has no notice or knowledge of the on-site existence of any “Endangered and Threatened Species,” flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contract.

Environmental Status. Seller warrants Except as set forth in Schedule 3.26: -------------------- ------------- (a) Each Borrower has obtained and represents maintained all Environmental Permits necessary to Buyer thatconduct its business, both as done currently and as proposed except insofar as collectively any non-compliance would not have a Material Adverse Effect. (b) Each Borrower has complied with all Environmental Laws (including Environmental Permits) except insofar as collectively any non-compliance would not have a Material Adverse Effect. (c) To the knowledge of each Borrower, neither any Borrower nor any Environmental Affiliate known to Sellerit, whether actively or passively, has released, emitted, buried, leaked, or disposed of Regulated Substances on any Property ever owned, leased or operated by any of them. (d) To the best knowledge of each Borrower, no one else, whether actively or passively, has released, emitted, buried, leaked, or otherwise disposed of Regulated Substances on any Property while owned, operated or leased by any Borrower or any Environmental Affiliate known to it. (e) To Borrower's knowledge, there are no asbestos containing materials, polychlorinated biphenyls or radioactive substances located on Property now owned, operated or leased by any Borrower. (f) Neither any Borrower nor any Environmental Affiliate known to it has operated a treatment, storage or disposal facility requiring a permit or having interim status under the Resource Conservation and Recovery Act, as amended, or any comparable state laws, nor, to Borrower's knowledge, has any Property of any Borrower or any Environmental Affiliate known to it been used for such purposes. (g) To Borrower's knowledge, there have been no underground storage tanks, pipelines or surface impoundments at any Properties when owned, leased or operated by Borrower or any Environmental Affiliate known to it which was violative of any Environmental Law during such period of ownership, use or operation. (h) Neither any Borrower nor any Environmental Affiliate known to it has received any Environmental Claim pursuant to any Environmental Law or relating to any potential environmental liability which is not resolved and which is likely to have a Material Adverse Effect. (i) To the best knowledge of each Borrower, no other party has received any Environmental Claim pursuant to any Environmental Law, including CERCLA or any comparable state law or relating to any environmental liability relating to any Borrower or any Environmental Affiliate known to it, any of their Property or any property where wastes generated by any of them have been sent which is not resolved and which is likely to have a Material Adverse Effect. (j) To Borrower's knowledge, none of the Property ever owned, operated or leased by any Borrower or any known Environmental Affiliate is free of all hazardous waste or substances except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place from the Property which would cause the release of any hazardous waste or substance listed on any adjoining lands environmental regulatory list of contaminated properties, including the National Priorities List promulgated pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, the CERCLIS or any other lands in the vicinity federal, state or local counterpart with respect to such period of the Property; Borrower's ownership, operation and lease which is not resolved and which is likely to have a Material Adverse Effect. (vk) To Borrower's knowledge, there are no bulk conditions on any adjacent or underground tanks on or in neighboring properties which threaten the Property, andProperty of any Borrower. (l) To Borrower's knowledge, no bulk Liens exist under or underground storage tanks have ever been located pursuant to any Environmental Laws on any Property owned, operated or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRAleased by any Borrower, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., to Borrower's knowledge no government action has been taken or is in process that could subject any such Property to such Liens and in the regulations promulgated pursuant no Borrower would be required to said laws or place any replacement thereof; such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller has no notice or knowledge restriction relating to the presence of Regulated Substances at any Property owned or leased by it in any deed or lease to such Property. (m) Each Borrower has disclosed to Lender, prior to the on-site existence date of this Agreement, its waste practices, its use of regulated substances and all potentially material environmental matters and has disclosed all reports, assessments, remedial action plans or other similar documents relating to any material environmental condition of Property or operations of any “Endangered Borrower and Threatened Species,” flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time any Environmental Affiliates known to time. Seller further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contractit.

Environmental Status. Seller Grantor warrants and represents to Buyer Grantee that, to SellerGrantor's knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place from the Property which would cause the release of any hazardous waste or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have ever been located on or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant to said laws or any replacement thereof; such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller Grantor has no notice or knowledge of the on-site existence of any “Endangered and Threatened Species,” ”, flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time to time. Seller Grantor further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contract.

Environmental Status. Seller warrants and represents to Buyer that, to Seller's knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place from the Property which would cause the release of any hazardous waste or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have ever been located on or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant to said laws or any replacement thereof; such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller has no notice or knowledge of the on-site existence of any “Endangered and Threatened Species,” ”, flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contract.